United States v. Fincher

Fincher lived in a one‐bedroom apartment with his uncle, a drug dealer, and began selling drugs. Both were arrested after selling heroin to undercover police officers. Police searched the apartment. In the bedroom closet, they found more than 100 grams of heroin, cash, and .40 caliber bullets. A loaded .40 caliber handgun was found in the kitchen. Fincher, whose criminal record was clean, was charged with conspiring to knowingly and intentionally possess with intent to distribute 100 grams or more of heroin and six counts of distribution of and intent to distribute heroin. Fincher pleaded guilty to the conspiracy charge, which carried a mandatory minimum sentence of five years. The safety‐valve provision, 18 U.S.C. 3553(f), however, provides that a court is precluded from applying the mandatory minimum if it finds that the defendant has a minimal criminal history; the defendant did not use or threaten violence or possess a firearm in connection with the offense; the offense did not result in death or injury; the defendant was not an organizer or leader; and the defendant truthfully provided all information and evidence related to the offense before the sentencing hearing. Fincher’s DNA was found on the firearm. The district court found that Fincher possessed the firearm in connection with his offense, and was ineligible for safety‐valve relief and subject to a two‐level firearm enhancement, and imposed a five-year sentence. The Seventh Circuit affirmed. The safety‐valve potentially allows for relief from a mandatory minimum, but it does not increase or trigger it. Judicial fact-finding precluding safety‐valve relief does not violate the Sixth Amendment under the Supreme Court's Alleyne holding. Fincher failed to show by a preponderance of the evidence his possession of the handgun was not in connection with his offense. View "United States v. Fincher" on Justia Law